On March 8, 2013, USCIS will release the much awaited, and somewhat dreaded, two page I-9 Form. Click here to see the advanced Fed. Register Notice. You’ll see format changes, new fields (some mandatory, some optional), clarified instructions and much more. Click here to see earlier-proposed versions of the form released on 3/27/2012 and 8/23/2012. The new, revised Form I-9 will contain a revision date of “(Rev. 03/08/13)N.” Once available, a copy of the new form will be available on the USCIS webstite. Employers should begin using this new form immediately.
Here are a few key things to know:
By May 8, 2013, employers must be using the new form exclusively. Using the old form after May 8 will be a basis for penalty assessment.
- The timeframes for completing and retaining the I-9 Form remain the same.
- Section 1 of the Form I-9 must be completed (and signed) by the employee on the first day of work for pay or before the first day of work for pay, if the employer has offered the individual a job and if the prospective employee has accepted it.
- Section 2 of the I-9 Form must be completed (and signed) by the employer within three business days of the employee’s first day of work for pay.
- Section 3 of the I-9 Form (if required) must be completed by an employer if an employee’s employment authorization or documentation of employment authorization has expired – re-verification must occur on or before the employee’s work authorization expires. An employer may choose to complete Section 3 when an employee is rehired (within three years of the date that Form I-9 was originally completed) or when an employee changes his or her name.
- Just as with the expiring Form, employers must retain the new Forms for three years from date of hire or one year from date of termination whichever is longer.
For employers using an electronic I-9 system, ICE’s position remains: “buyer beware;” each employer is ultimately responsible for ensuring system compliance. Therefore, please ensure your vendor is aware of this new release. Do not be afraid to ask the tough questions to ensure your vendors system is compliant with the regulations. We know that some vendors, including LawLogix, are aware of this development and have been diligently working to make sure the new I-9 Form is timely available on their system.